AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Ludhiana Central Cooperative Bank Limited, Ludhiana (for short the Bank) invited applications for some posts including the posts of Junior Clerks/Junior Clerk-cum-Typists in the pay scale of Rs. 1,450-2,950 with usual allowances. The minimum qualifications required for the posts were also mentioned in the advertisement. This advertisement appeared in the 'Indian Express' and also in the 'Daily Punjab Bulletin'. The last date for the receipt of the applications was 8.6.1996. Petitioners along with several others applied for the posts of Junior Clerks/Clerk-cum-Typists. On receipt of the applications the Board of Directors of the Bank in their meeting held on 4.9.1996 constituted a selection committee for filling up the posts. The committee consisted of Sh. Tejinder Singh, President of the Bank, Sh. Baljit Singh, Managing Director, Sh. Harminder Singh, Director, Registrar, Cooperative Societies, Punjab (Government nominee) and a nominee of Punjab State Cooperative Bank Limited, Chandigarh which is the Apex Bank in the State. The applicants appeared in the typing test and those who qualified were called for interviews (which) were held from 22.12.1996 to 28.12.1996. The petitioners cleared the typing test and also appeared for the interview. Before the result of the selection could be declared general elections in the State of Punjab were announced. Model Code of Conduct as prescribed by the Election Commission came into force and restrictions were placed on making new appointments, promotions, transfers etc. The Election Commission appears to have sent a communication to the State of Punjab requiring it to freeze all recruitments and appointments till the elections were over. The Apex Bank then sent a communication to the Bank dated 9.1.1997 informing the latter that all recruitments had been frozen and even in cases where interviews had been completed the result be withheld till Assembly Elections were over. After the elections were over and the new Government installed, the Bank wrote a letter to the Registrar, Cooperative Societies, Punjab seeking permission to declare the result of the selection so that appointments could be made. The Registrar in response to the aforesaid communication asked for information from the Bank as to whether the posts had been advertised and the interviews completed. The Bank informed the Registrar that the posts had been duly advertised in the 'Indian Express' as also in the 'Daily Punjab Bulletin' and the last date for receipt of the applications was 8.6.1996. The other information asked for was also supplied. Even after the receipt of this information the Registrar did not grant permission to the Bank to declare the result of the selection. It was then that the petitioners filed the present petition under Article 226 of the Constitution for a mandamus directing the respondents to declare the result of the selection made in December, 1996 and to make appointments accordingly.

(2.) In the written statement filed on behalf of the respondents, it is stated that the Registrar Cooperative Societies had issued a circular letter to various Cooperative Banks on the subject of recruitment of staff and it was stated therein that the process of recruitment after the completion of Assembly polls should be resumed only with the specific prior permission of his office. It is further stated that after the elections were over the Chief Secretary addressed a circular letter to all the departments advising them to take orders on all pending matters including those relating to appointments from the new Ministers/Council of Ministers. It is also pleaded that it was brought to the notice of the Registrar that some Cooperative Banks had not notified the vacancies to the concerned Employment Exchanges for making recruitments against the vacant posts and that some of them had not given sufficient time while calling the candidates for interviews and, therefore, it was decided that in order to make a fair and transparent recruitment in the Cooperative Banks, the Banks should advertise the posts again in the newspapers and make requisition from the Employment Exchanges.

(3.) We have heard counsel for the parties at length.